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Husband harassing wife after 40 yrs of marriage
15-Aug-2023 (In Property Law)
My mother is 62 years old, all kids are above 30 yrs. Father does not want to live with mother anymore and does domestic violence everyday. He is having affair with some women and we have all evidences to support this. We requested father to sell only property and give 50% to mother and live separately. He doesn't want to sell the house and state there is no law which give right to wife to claim 50% of property. He is the owner of property which he purchased after marriage (2012). Now we want a divorce and rightful right of our mother. She is kidney patient as well. Does Marriage Law’s (Amendment) Bill 2010 support women to claim 50% in property if not then how can we go legal about this. Mother is not working, father doesn't give a penny for day to day maintenance. Obviously we support our mother but how can a man just abandoned his wife after 40 yrs of marriage. there should be some law to protect women's right.
I have perused your query and would advise you to file a domestic violence complaint in the concerned court. Do also file a maintenance petition under section 125 CrPc simultaneously. Further your mother have an option to file for divorce on the ground of cruelty. Further you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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You may initiate legal action by first filing police complaint under various sections of the IPC on behalf of your mother against your father and subsequently you must file for a contested divorce. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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hello yes law is there
your mother should immidiatelly a case of domestic voilance in court directly.
in case of dv court will see the nature and fegree if domeatic voilance with her and will allow mai tinance to ur mother as well as can also direct 50 percent of the property to ur mother.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Hello Sir I have perused your query. In these circumstances the best option is to file for divorce on the grounds of violence and if it happens On a daily basis you can also ask your mother to lodge a criminal complaint against him.
For further information feel free to contact me
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Adv. Love Kumar Soni
Goa | 400+ Answers
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hello, yes ofcourse there are several rights for women to protect herself financially and physically. the s125 of crpc is for maintenance, she can always claim her maintenance as well as medical expenses, she also have rights for shelter and maintain herself from there. she can file Domestic violence case as well.
Regards,
Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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